PANELLA v. TRS. OF ST. PATRICK'S CATHEDRAL


20 A.D.2d 660 (1964)

Mildred Panella, Respondent, v. Trustees of St. Patrick's Cathedral, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 20, 1964


Order reversed on the law, with costs; defendant's motion for a directed verdict in its favor granted; and complaint dismissed.

The proof does not present any issue of fact, and no such issue was considered. Plaintiff testified that she was caused to fall by the existence of a heap of sweepings, dirt, pebbles and stones, alongside a grave she was visiting at defendant's cemetery; and that there were men working in the area. There was no evidence as to how the heap...

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